Skip to main content

SB236 Alabama 2019 Session

Updated Apr 26, 2021
SB236 Alabama 2019 Session
Senate Bill
Enacted
Current Status
Regular Session 2019
Session
1
Sponsor

Summary

Session
Regular Session 2019
Title
Medical Marijuana, program established to allow use of for certain conditions, defense against prosecution for marijuana possession established, Secs. 2-33-1 to 2-33-8, incl., 2-33-20 to 2-33-23, incl., 2-33-40 to 2-33-49, incl., added; Secs. 13A-12-213, 13A-12-214, 3A-12-214.2, 13A-12-214.3 am'd.
Description

Under existing law, unlawful possession of marijuana in the first degree is a Class C or Class D felony, and unlawful possession of marijuana in the second degree is a Class A misdemeanor.

This bill would create the CARE Act.

This bill would exempt from the crime of unlawful possession of marijuana a person with a qualifying condition who has a valid medical cannabis card for the medical use of cannabis.

Carly's Law authorizes the University of Alabama at Birmingham to conduct research on the use of cannabidiol (CBD) in specified circumstances and provides a defense against unlawful possession of marijuana under the research program. The law expires July 1, 2019.

This bill would extend Carly's Law until January 1, 2021.

Leni's Law provides a defense against unlawful possession of marijuana for an individual in possession of CBD if the person has a debilitating medical condition.

This bill would revise Leni's Law to make conforming changes to the substantive provisions of the law, and repeal the law November 1, 2020.

This bill would authorize residents of this state diagnosed with a qualifying condition and designated caregivers to be registered and obtain a medical cannabis card, thereby authorizing the patient to use cannabis for medical use.

This bill would establish the Alabama Medical Cannabis Commission and provide for its membership.

This bill would require the Medical Cannabis Commission to establish and administer a patient registry system that registers patients with certain qualifying conditions, to issue medical cannabis cards, to issue licenses for the cultivation, processing, transportation, manufacturing, packaging, dispensing, and sale of cannabis, to adopt rules, and to generally regulate, administer, and enforce a medical cannabis program in the state.

This bill would authorize the Department of Agriculture and Industries to inspect licensed facilities under the program.

This bill would impose sales and use taxes.

This bill would establish a Medical Cannabis Fund within the General Fund and provide that all tax proceeds and license fees deposited in the fund that exceed the costs of the Medical Cannabis Commission to administer the program would be deposited in the General Fund.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

Subjects
Marijuana

Bill Text

Related News

Votes

Motion to Read a Third Time and Pass

May 9, 2019 Senate Passed
Yes 17
No 6
Absent 12

Melson motion to Concur In and Adopt

May 31, 2019 Senate Passed
Yes 27
No 2
Absent 6

Motion to Read a Third Time and Pass

May 31, 2019 House Passed
Yes 80
No 19
Abstained 3
Absent 2

Motion to Adopt

May 31, 2019 House Passed
Yes 90
No 8
Abstained 5
Absent 1

Motion to Adopt

May 31, 2019 House Passed
Yes 81
No 17
Abstained 4
Absent 2

Documents

Source: Alabama Legislature